Clause 20

the landing of the aircraft on a runway;

the taking-off of the aircraft on a runway; and

the use of the full range of airport infrastructure (such as the runway, terminal, apron and gate) necessary for the purpose of paragraph (a) or (b) and in connection with operating the aircraft;“operator of an aircraft” means the person who, when an aircraft flight operation involving an aircraft occurs, is —

if the aircraft is under a lease at the time of the operation, the lessee of the aircraft; or

in any other case, the owner of the aircraft;“slot” means the permission to use the full range of airport infrastructure (such as the runway, terminal, apron and gate) necessary for any aircraft flight operation at a coordinated airport on a specific date and at a specific time;“slots committee”, for a coordinated airport, means a committee established under the slots management scheme for the coordinated airport to advise the slots coordinator for that airport about the capacity of the airport, such as the opportunities to increase the airport’s capacity, coordination parameters and methods of monitoring compliance with slots allocation;“slots management scheme” means the scheme set out in regulations made under section 71G for a coordinated airport, and includes that scheme as is amended from time to time.Coordinated airport and schedules facilitated airport71C.—

The Minister may, after consulting the Authority, declare an airport as —

a coordinated airport if the Minister is satisfied that the airport capacity at the airport is scarce and the establishment of a slot management scheme is necessary or expedient to allow for optimal use of airport capacity; or

a schedules facilitated airport if the Minister is of the opinion that measures under this Part are necessary to ensure that available capacity for aircraft flight operations at the airport is used efficiently.(2) Once such a declaration is made under subsection (1), the Minister must, within 7 days after the making of the declaration and before the date the declaration comes into force, cause to be published a notice of the making of the declaration, describing briefly the coordinated airport or schedules facilitated airport (as the case may be) in such manner as will secure adequate publicity for the declaration.(3) However, failure to publish a notice under subsection (2) in respect of any declaration by the Minister does not invalidate the declaration.Appointment of slots coordinator and schedules facilitator71D.—

Subject to subsection (2), the Authority may appoint a person as —

the slots coordinator for a coordinated airport; or

the schedules facilitator for a schedules facilitated airport.(2) The Authority may act as the slots coordinator for a coordinated airport, or as the schedules facilitator for a schedules facilitated airport, if no such person is appointed for that airport under subsection (1).(3) An appointment under subsection (1) of a person as a slots coordinator for a coordinated airport, or a schedules facilitator for a schedules facilitated airport, continues unless and until the Authority decides that the appointment must end and written notice of that end is served on the slots coordinator or schedules facilitator (as the case may be) for that airport.(4) In giving written notice under subsection (3), it is not necessary for the Authority to give any person who may be affected by the written notice a chance to be heard before giving the notice.No unauthorised slots coordinator and schedules facilitator71E.—

A person other than the Authority must not act as a slots coordinator for a coordinated airport, or as a schedules facilitator for a schedules facilitated airport, unless the person —

is appointed under section 71D(1)(a) as a slots coordinator for the coordinated airport; or

is appointed under section 71D(1)(b) as a schedules facilitator for the schedules facilitated airport,as the case may be.(2) A person who contravenes subsection (1) shall be guilty of an offence.Information gathering by slots coordinator and schedules facilitator71F.—

A slots coordinator for a coordinated airport may, by written notice, require all or any of the following persons to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information relating to any matter which the slots coordinator considers necessary to carry out the functions or duties of or assigned to it by or under this Part and the slots management scheme for the airport:

any operator of aircraft at the coordinated airport;

the airport licensee of that airport.(2) A schedules facilitator for a schedules facilitated airport may, by written notice, require all or any of the following persons to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information relating to any matter which the schedules facilitator considers necessary to carry out the functions or duties of or assigned to it by or under this Part:

any operator of aircraft at the schedules facilitated airport;

the airport licensee of that airport.(3) However, an individual or person is not subject to a requirement under subsection (1) or (2) to provide documents or information if —

the individual or person does not possess the document or information required; or

the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and is unable to obtain it.Division 2 — Coordinated airportsSlots management scheme71G.—

The Authority, with the approval of the Minister, must establish, by regulations in the Gazette, a slots management scheme for each coordinated airport where, in order to land or take-off, during the periods for which the airport is a coordinated airport, it is necessary for an operator of an aircraft to have a slot allocated by a slots coordinator.(2) A slots management scheme for a coordinated airport —

may prescribe the disqualifications to be appointed as a slots coordinator for the coordinated airport;

must provide for the allocation of slots by the slots coordinator for aircraft landing at or taking‑off from the coordinated airport, and the conditions that may be imposed on the slots relating to aircraft flight operations at that airport;

may provide for the cancellation, suspension or variation of allocated slots by the slots coordinator, and the circumstances for doing so other than the circumstances in section 71J;

may specify the circumstances (generally or specially) under which the full range of airport infrastructure necessary for any aircraft flight operation at the airport may be used or take place regardless of slots allocation;

must provide for the establishment of a slots committee (the composition of which may include representatives of providers of air navigation services at the airport, the airport licensee of that airport and other aviation industry participants) and for the functions of the slots committee;

must provide for the reconsideration by the slots coordinator of decisions mentioned in paragraph (b), (c) or (d) made by the slots coordinator, and for appeals against any of these decisions to a slots committee;

may provide for the saving and transitional arrangements because of changes to the scheme; and

may provide for any other matters necessary or incidental to the establishment or operation of such a scheme.(3) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.Effect of slots allocation71H.—

A slot allocated under a slots management scheme for a coordinated airport permits a specified aircraft flight operation to take place at the coordinated airport at a specified time on a specified day.(2) A slot allocated under a slots management scheme for a coordinated airport —

is not transferable; and

does not create rights or obligations that are enforceable against any person.(3) To avoid doubt, the allocation of a slot for an aircraft flight operation under a slots management scheme does not limit the application of any other requirement or restriction to, or in relation to, aircraft flight operations by or under this Act, the Air Navigation Act (Cap. 6) or any other written law.Directions by slots coordinator71I.—

Subject to subsection (3), a slots coordinator for a coordinated airport may give written directions for the purpose of securing compliance by an operator of an aircraft at the coordinated airport to cause or allow its aircraft to arrive at or leave the coordinated airport in accordance with a slot allocated under the slots management scheme established for that airport.(2) A written direction may be given under subsection (1) to all or any of the following persons:

an operator of aircraft at the coordinated airport;

the airport licensee of that airport.(3) A written direction may be given under subsection (1) in relation to a coordinated airport only —

in the case of a direction given to the airport licensee of the coordinated airport, after the slots coordinator has first consulted the airport licensee; and

if the direction does not relate to an air traffic service required by an aircraft arriving at that airport or a departing aircraft which has started push back from its stand.(4) A person to whom a written direction is given under subsection (1) in relation to a coordinated airport must comply with the direction.(5) However, a person is not subject to a requirement under subsection (4) to comply with a written direction given under subsection (1) to the person if in that person’s reasonable opinion, compliance —

is or is likely to be inconsistent with any other requirement under any other written law, including a requirement under the by-laws made under section 68; or

is prejudicial to, or is likely to prejudice, aviation safety.Sanctions for non-compliance with slots allocation, etc.71J.—

If the slots coordinator for a coordinated airport is satisfied, on a balance of probabilities, that an operator of aircraft at the airport —

has repeatedly or intentionally caused or allowed aircraft flight operations involving its aircraft to take place at the coordinated airport —

at times different from the slot allocated for the aircraft to arrive at or leave that airport; and

in circumstances which are not circumstances prescribed in the slots management scheme for that airport where aircraft flight operations do not have to be in accordance with allocated slots;

has repeatedly or intentionally used slots allocated for aircraft flight operations involving its aircraft —

in a different way from that indicated at the time of the allocation of the slot; and

in circumstances which are not circumstances prescribed in the slots management scheme for that airport where aircraft flight operations do not have to be in accordance with allocated slots;

has —

failed to comply, without reasonable excuse, with the requirement for documents or information made by the slots coordinator under section 71F(1); or

in response to the requirement under section 71F(1), given a document or information that is false in a material particular; or

has failed to comply with section 71I(4),the slots coordinator may, after giving the operator concerned a reasonable opportunity to be heard, by notice in writing impose a sanction mentioned in subsection (2) on that operator of aircraft.(2) The sanction which may be imposed under subsection (1) by a slots coordinator for a coordinated airport are all or any of the following:

cancel with effect from a date and time specified any slot allocated to the operator of aircraft in respect of that airport;

suspend with effect from a date and time specified any slot allocated to the operator of aircraft in respect of that airport;

with the approval of the Authority, order the operator of aircraft to pay a pecuniary penalty to the slots coordinator for the default in subsection (1)(a), (b), (c) or (d), within a time specified.(3) In deciding the sanction for a default in subsection (1)(a), (b), (c) or (d) by an operator of aircraft with respect to a coordinated airport, the slots coordinator for the coordinated airport must have regard to the following matters:

the nature and extent of the default;

the nature and extent of any loss or damage suffered by other operators of aircraft at that coordinated airport, and any other person, as a result of the default;

the circumstances in which the default took place;

whether the operator has previously been found to have defaulted similarly in Singapore, whether or not at that same airport.(4) The slots coordinator for a coordinated airport may also have regard to any other matters it considers relevant in making a decision under subsection (1).(5) However, a pecuniary penalty in respect of any default in subsection (1)(a), (b), (c) or (d) by an operator of aircraft must not exceed $100,000 for each such default.(6) In granting approval under subsection (2)(c), it is not necessary for the Authority to give any person who may be affected by the decision a chance to be heard before granting approval.Division 3 — Schedules facilitated airportsSanctions for schedules facilitated airport71K.—

If the schedules facilitator for a schedules facilitated airport is satisfied, on a balance of probabilities, that an operator of aircraft at the airport —

has failed to comply, without reasonable excuse, with the requirement for documents or information made by the schedules facilitator under section 71F(2); or

has, in response to the requirement under section 71F(2), given a document or information that is false in a material particular,the schedules facilitator may, after giving the operator concerned a reasonable opportunity to be heard, by notice in writing, and with the approval of the Authority, order the operator of aircraft to pay a pecuniary penalty to the schedules facilitator for the default in paragraph (a) or (b), within a time specified.(2) In deciding the sanction for a default in subsection (1)(a) or (b) by an operator of aircraft with respect to a schedules facilitated airport, the schedules facilitator for the airport must have regard to the following matters:

the nature and extent of the default;

the circumstances in which the default took place;

whether the operator has previously been found to have defaulted similarly in Singapore, whether or not at that same airport.(3) The schedules facilitator for a schedules facilitated airport may also have regard to any other matters it considers relevant in making a decision under subsection (1).(4) However, a pecuniary penalty in respect of any default in subsection (1)(a) or (b) by an operator of aircraft must not exceed $100,000 for each such default.(5) In granting approval under subsection (1), it is not necessary for the Authority to give any person who may be affected by the decision a chance to be heard before granting approval.Division 4 — Appeals and enforcement of sanctionsAppeal against sanctions71L.—

Any operator of aircraft against whom a sanction is imposed under section 71J or 71K may, if aggrieved by that decision of the slots coordinator or schedules facilitator (as the case may be), appeal —

to the Minister —

against a sanction which is a pecuniary penalty imposed by a slots coordinator or schedules facilitator appointed under section 71D(1); or

against any decision by the Authority acting as a slots coordinator or schedules facilitator; or

to the Authority against any other sanction imposed by a slots coordinator appointed under section 71D(1).(2) Every appeal under this section must be made within the time and in the manner prescribed.(3) A sanction under section 71J or 71K takes effect despite any appeal against the sanction, and remains in effect until the sanction is reversed on appeal.(4) The Minister or Authority (as the case may be) may determine an appeal against a sanction imposed under section 71J or 71K —

by confirming the sanction; or

by reversing the sanction in question and referring that decision to the slots coordinator or schedules facilitator (as the case may be) for another decision under section 71J or 71K.(5) The Minister’s decision or Authority’s decision (as the case may be) on an appeal under this section is final.Recovery of pecuniary penalty, etc.71M.—

If any pecuniary penalty imposed under section 71J or 71K is not paid in full by the due date for payment, interest at the prescribed rate is payable by the operator of aircraft concerned on the outstanding amount of the pecuniary penalty.(2) The slots coordinator or schedules facilitator (as the case may be), or the Authority if no slots coordinator or schedules facilitator is appointed under section 71D(1), may recover, as a Government debt, in a court of competent jurisdiction any of the following amounts that has become due and payable but has not been paid:

any pecuniary penalty imposed under section 71J or 71K;

any interest imposed under subsection (1) or any part thereof,and the liability to pay is not affected by an operator of aircraft ceasing (for any reason) to operate its aircraft at the coordinated airport or schedules facilitated airport concerned or being an operator of aircraft.(3) All pecuniary penalties imposed under section 71J or 71K, and any interest imposed under subsection (1), must be paid into the Consolidated Fund.”.